FLORENCIO L. VARGAS COLLEGE College of Criminology
Tuguegarao City, Cagayan
FUNDAMENTALS OF CRIMINAL INVESTIGATION
Armando A. Tolentino, Jr., MPA Registered Criminologist Professional Teacher [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
THE AUTHOR
The author is a native Ilocano who hails from San Mateo, Isabela. He joined the Philippine National Police in 2007. With his present rank of Police Officer 3, he is the Admin PNCO of the Office of the Deputy Regional Director for Operation, PRO2, Camp Adduru, Tuguegarao City, Cagayan.
He finished his Bachelor of Science in Industrial Education major in Industrial Arts at Technological University of the Philippines (TUP), Ermita, Manila in 2004 as Cum Laude. He is also a graduate of Bachelor of Science in Criminology at Saint Ferdinand College (SFC), Ilagan City, Isabela in 2011. He earned his Master’s Degree in Public Administration major in Project, Planning and Development Administration at the Cagayan State University (CSU), Andrews Campus, Tuguegarao City, Cagayan in 2014. He also earned 15 Units of Bachelor of Laws and Letters (LLB) at College of Law, Cagayan State University (CSU), Andrews Campus. He is a graduating student of Master of Science in Criminology at University of Cagayan Valley (UCV).
His eligibilities in the government position include a Registered Criminologist, Licensure Examination for Teachers (LET) Passer and Presidential Decree 907 (Cum Laude). He also passed the NAPOLCOM Promotional Examinations, both the Police Officer and Senior Police Officer Examinations.
He undergone several criminal investigation trainings and courses which include the Terrorist Crime Scene Investigation Course offered and funded by the United States, Department of State thru the Anti- Terrorism Assistance Program held at NHQ PNP Camp Crame, Quezon
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City, and Criminal Investigation Course (CIC) conducted by Regional Investigation and Detection Management Division (RIDMD), PRO2.
INTRODUCTION
Crime is a major concern for many people. Indeed, for some it is the major concern in their lives. Everyday people are forced to change their lives because they were a victim of a crime or are fearful of becoming a victim. One means to make life safer is to remove criminal offenders from the streets and place them in confinement for some period of time. That is one of the major roles of the investigators. These individuals used a wide variety of techniques to identify, arrest, and subsequently assist in the prosecution of offender and to bring them (offender) to the bar of justice.
Criminal investigation in its modern form is a rather recent development. In the past, crimes are solved not by scientific methods of inquiry but rather through crude and discredited means such as witchcraft, torture and other similar methods.
Early 19th Century Criminologists saw the need to develop a scientific means of identifying criminals because the criminological theories are useless unless we send the right persons to jail or prisons. For instance, the classical theory of deterrence and positivist theory of rehabilitation cannot be applied to an innocent person since no amount of punishment or treatment can deter or treat an innocent person.
Thus, Dr. Hans Gross, Edmund Locard and August Vollmer undertook to establish the earliest crime laboratory in the world to advance the art and science of investigation. Interestingly, a series of books published by Sir Arthur Conan Doyle features a fictional character named Sherlock Holmes as a detective who used crude scientific methods in investigating crimes long before the world has seen its first crime laboratories. Contemporary authorities in criminal
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] investigation agree that this also helped in fast-tracking the evolution of criminal investigation.
Definition of Terms
1. Criminal Investigation is the collection of facts in order to accomplish the three (3) fold aims: to identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt.
2. Investigation is the process of inquiring, eliciting, soliciting and getting vital information, facts, circumstances in order to establish the truth.
3. Criminal Investigator is a public safety officer who is tasked to conduct the investigation of all criminal cases as provided and embodied for under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature.
4. Information a data gathered by the investigator from other persons including the victim himself/herself and from public record, private records and modus operandi files (style or mode of operation)
5. Interview is a simple inquiry/conversation type elicitation of information from a willing victim(s), witness (es) relevant to a certain crime/incident/event under investigation.
6. Interrogation is the skillful questioning of a hostile witness (es) and suspect(s)
7. Criminal is a person who has pronounced conviction or judgment of the offense committed coming from the court.
8. Accused is a person who has been formally charged by the prosecutor with a crime within the jurisdiction of the tribunal. 9. Serial killer is someone who murders 3 or more people with “cooling off “periods in between. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
10. Crime Scene is venue or place where crime has been committed.
11. Venue/the locality where a crime is committed or a cause of acti on occurs. In law, the jurisdiction where trial will be held.
12. Corpus Delicti is a latin word for the body of crime, used to describe the physical or material evidence that a crime has been committed.
13. Sketch is a rough drawing or painting, often made to assist in making more finished
14. Confession is an express acknowledgement by the accused in a criminal prosecution of the truth of his guilt as to the offense charge.
15. Admission is a statement of facts not directly constituting an acknowledgement of guilt.
16. Eye-witness Testimony is the judicial or direct narration of facts by the person or persons who really witnessed how the crime was committed by the suspect(s).
17. Associate Evidence or Corroborative Evidence is additional evidence of a different character to the same point (in issue).
18. Rouges Gallery is a police collection of pictures or photographs of criminals and suspects kept for identification purposes.
19. Mug Shot is a photographic portrait taken after one is arrested.
20. Motive is a reason or cause why a person or group of persons will perpetrate a crime.
21. Instrumentality means or implement used in the commission of the crime.
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22. Opportunity consists of the acts of omission and/or commission by a person (the victim) which enables another person or group of persons (the criminal/s) to perpetrate the crime
23. Public records refer to information gathered from records and files of the Police, other law enforcement agencies, Company records, Public Hospital records and others.
24. Private records refer to information gathered from cultivated sources such as paid informants, bartenders, taxi drivers, and vendors and from the internet such as facebook, and others.
25. Modus Operandi file refers to information gathered from a CCTV camera, witnesses, and arrested suspect/s, and from Police and other law enforcement files.
26. Informant is a person who gives information without expectation of reward.
27. Confidential Informant is a person who gives information purely for personal reason; and that his identity shall not be divulge
28. Informer is a person who gives information in return of a price or reward
29. Surveillance is the secretive and continuous watching of persons, vehicles and places or objects to obtain information concerning the activities and identities of individuals
30. Surveillant - ‘shadow” or “tail”, is a person who performs or maintains surveillance
31. Subject - a person, place or thing under surveillance
32. Convoy - is the term applied to an associate of the subject who attempts to detect surveillance
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33. Stakeout - is a form of close surveillance which a particular action is expected to occur or which a wanted suspect is expected to appear
34. Cut-Out - person or device interposed between two persons or groups in order to provide communications
35. Live Drop - person who accepts information or material from an agent and surrenders it to another
36. Cover - device or stratagem by which the selected investigator conceals his identity and his relationship with the investigating agency
37. Undercover work - disguises and pretext cover and deception are used to gain the confidence of criminal suspects
38. Arrest- the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
39. Search- an examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contrabands or some evidence of guilt to be used in the prosecution of a criminal action.
40. Seizure- the confiscation of personal property by virtue of a search warrant issued for the purpose.
41. Warrant of Arrest- an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court.
42. A search warrant- an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
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43. Felony - an act or omission in violation of the Revised Penal Code
44. Offense - an act or omission in violation of the Special Penal Laws.
45. Crime - an act or omission in in violation of a public law forbidding or commanding it.
46. Misdemeanor - a minor infraction of law such as violation of an ordinance.
47. Malum in se /Mala in se – the act is inherently evil or bad or per se wrongful.
48. Mala Prohibita/Malum Prohibitum- the act is wrong because there is a law punishing it.
49. Corroborative evidence - additional evidence of a different kind and character tending to prove the same point as that of previously offered evidence. A told that X bumped his car byY green car. When B examined X car he saw green paint in the bumper of his car.
50. Secondary evidence - that which indicates the existence of a more original source of information. Weak evidence, like photocopy (xerox).
51. Cumulative evidence - additional evidence of the same kind bearing on the same point. Testimony repetitive of testimony given earlier.
52. Primary evidence - that which the law regards as affording the greatest certainty. (also known as best evidence) Showing an original document against a photocopy.
53. Police Blotter is an 18” x 12” logbook with hard-bound cover that contains the daily register of all crime incident reports, official
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summary of arrests, and other significant events reported in a police station.
54. Entrapment - ways and means are resorted for the purpose of trapping and capturing the law breaker during the execution of a criminal act.
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EARLY CONTRIBUTORS
Eugene Francois Vidocq
– a former convict who became the head of Surete, which was recognized at that time as France’s premier detective agency. He is credited for his effective use of criminals to catch criminals. Vidocq’s unorthodox approach later became a model for John Wilkes Booth who infamously stated that “it takes a thief to catch a thief”.
Henry & John Fielding
– Henry Fielding was a travelling magistrate of England who established the world’s first uniformed police force in Bow Street, a road notorious for thievery. Also known as “runners” or “thief -takers”, they conduct patrol and respond to reported incidents. When Henry died, he was replaced by his blind brother John as head of the Bow Street Runners. This eventually became a model for the London Metropolitan Police (Scotland Yard) of Sir Robert Peel.
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Dr. Hans Gross
– father of Criminalistics, he published a book entitled “Modern Criminal Investigation” which pave the way for Edmund Locard to incorporate modern science to police works.
Edmund Locard
– French criminologist, he established the world’s first crime laboratory in Lyon, France. He expounded Dr. Gross’ theory by statin g that “when two object come into contact with one another, they leave traces of each other behind” (there is always something left behind at the crime scene). This became known as Locard’s Exchange Principle upon which modern forensic science owes its theoretical foundation.
Sir Llewelleyn William Atcherly
– Chief Constable of West Riding, Yorshire. He pioneered the recording of M.O. (modus operandi) files as investigative aids that can be used to identify criminals based on the tools they use, the manner of commission, the time of the crime, and other pertinent data.
Thomas Byrnes
– he discovered that Modus Operandi do not remain the same and it changes as the career progression of the criminal changes. He instituted the Bulmerry Morning Street Parade – a practice where captured criminals are paraded in front of the police force in order to facilitate easy identification in case they commit crimes inthe future. This is the origin of the Police Line-Up.
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Alphonse Bertillon
– father of Personal Identification who framed Anthropometry (the individualization of a person based on body measurements). This supplemented the practice of descriptive words accompanying a sketch in order to identify criminals (also known as Portrait Parle– French for “word picture” or “talking pictures”). With the advent of photography, drawings became out of fashion. Nevertheless, the practice of accumulating Rogues Gallery became imbedded in policing around the world. Jonathan Wild
– conceived a business of recovering stolen properties for a fee in England in the 17th Century (theif-takers). Arguably the world’s first private detective, he took advantage of a system of bounty and rewards set up by the British Parliamentary Reward System.
Alan Pinkerton
– he was a pioneer in non-government policing and private detective works in the US. The company he established bore his name (Pinkertons) and have a logo of an eye with the inscription “we never sleep” which the American public came to know as “private eye”. Among the famous cases they solved involved Harry “Sundan ce Kid” Longbaugh of the Butch Cassidy outlaw gang. He is also credited for hiring the first female involved in investigative works, Mrs. Kate Warne. The Pinkertons are rivaled only by another private protection business known as the Wells-Fargo & Co.
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August Vollmer
– He served as an Army Sergeant in the Philippines during the Spanish-American war and became an Army Policemen who oversaw the integration of former Guardia Civil into the new Insular Constabulary. His experience in the Philippine convinced him of the need to professionalize policing and shield it from politics.
He reluctantly accepted the position of Marshal of Berkeley California when a posse was commissioned in order to respond to a train derailing incident and it was then that his innovative approach to policing began to be recognized. Followi ng the lead of European development in Criminal Investigation, he established the first crime laboratory in the United States in order to support his efforts to professionalize policing (Wadman & Allison, 2004,cited in Intro. to Theory, Practice & Career Devt. In Public & Private Invst., Gunter & Hertig, 2005).
John Edgar Hoover
– director of the Federal Bureau of Investigation, his efforts to centralize information on fugitives, criminal activity, organized crime, fingerprints, etc., led to the further development of criminal investigation.
INVESTIGATION
The word “investigation” came from the latin word “vestigare”, which means “to track or to trace”.
Investigation is not unique to law enforcement. As a matter of fact, other professions routinely conduct investigation on their fields
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] of specialization. Thus, a doctor must first diagnose the disease before he can recommend the cure. He must investigate. Likewise, an engineer cannot calculate the concrete unless he measures the floor area of the structure he is building. He must investigate.
Criminal Investigation
Criminal Investigation is the collection of facts in order to accomplish the three-fold aims – to identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt. When applied to law enforcement, it is safe to state that crimes cannot be solved on its own unless the police conducts criminal investigation.
Criminal investigation is “the systematic, step-by-step process of determining whether or not a crime has been committed, and if so, who committed it”. Since it involves a step-by-step process, it helps to know the different stages involved in the development of a full blown criminal investigation, these are:
1. Detection – is the fact of discovery. It is the chance event which triggers the operation of our criminal justice system. This occurs when a possible crime is observed by the police or is reported to its attention.
2. Preliminary Investigation – the early of initial stage of the investigation immediately after the occurrence of the crime. This is usually done by first responders or patrol officers who take the following primary responsibilities on site:
I. Deal with emergencies first: - Neutralize all threats - Render aid to the injured. - Cordon the crime scene II. Record all information and disseminate to available patrol units for possible hot pursuit. III. Wait for investigator. IV. Make initial/spot report
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GOALS OF CRIMINAL INVESTIGATION
Criminal investigation has the following generally accepted objectives:
1. To determine whether or not a crime has been committed 2. To identify & arrest the suspect 3. To provide the prosecution with evidence necessary to support conviction 4. To recover stolen property
CARDINALS OF INVESTIGATION
1. What – the specific offense that had been committed 2. How- Mode or manner of the crime 3. Who- person/s involved in the crime (suspects/victims) 4. Where- place where the commission of the crime 5. When - date and time of commission of the crime 6. Why – motive or reason of the crime
Anatomy of Crime
For any crime to happen, there are three elements or ingredients that must be present at the same time and place. These are the Motive, the Instrumentality and the Opportunity.
A. Motive refers to the reason or cause why a person or group of persons will perpetrate a crime. Examples are dispute, economic gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction and many others.
B. Instrumentality is the means or implement used in the commission of the crime. It could be a firearm, a bolo, a fan knife, an ice pick, poison or obnoxious substance, a crow bar motor vehicle, etc. Both the Motive and Instrumentality belong to and are harbored and wielded respectively by the criminal.
C. Opportunity consists of the acts of omission and/or commission by a person (the victim) which enables another person or group of persons (the criminal/s) to perpetrate the crime. Illustrative ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
examples include leaving one’s home or car unattended for a long time, walking all alone in a well-known crime prone alley, wearing expensive jewelries in slum area, readily admitting a stranger into one’s residence and the like. Opportunity is synonymous with carelessness, acts of indiscretion and lack of crime prevention- consciousness on the part of the victim.
Reasons Why Crime Should Be Investigated
A. Future deterrence of Offenders
- The identification and punishment of a criminal offender will hopefully deter him from other misconduct in the future.
B. Deterrence to Others
- Identification and punishment of an offender may likewise deter others from engaging in similar undesirable activities.
C. Community Safety
- The investigative process also promote public safety by identifying and bringing to court persons who pose a serious threat to the safety of the community due to violent or otherwise strong anti-social behavior.
D. Protection of the innocent
- Finally, accurate investigations help to insure that only conduct which is in fact criminal is punished, and the innocent parties will not be subjected to prosecution.
TYPES OF CRIMINAL INVESTIGATION
A. Investigation while the suspect is under arrest and detention;
General Rule; A person arrested by virtue of warrant of arrest is not covered by criminal investigation and must not be placed under custodial interrogation for obvious reason that he is already held accountable to that particular crime before the court of justice.
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Exemption to the Rule:
1. When the person arrested by virtue of a warrant of arrest is likewise being held for a separate distinct criminal complaint which is the subject matter of another criminal investigation.
2. When the person arrested by virtue of a warrant of arrest is charge in court as “Jhon Doe” or “Richard Doe”, and for which criminal investigation is a necessary incident to establish his real identity, name surname through cartographic sketches and available witnesses.
3. A person placed under arrest as an incident to the execution and implementation of a search warrant found in possession of recently stolen articles
B. Investigation while the suspect is “at large” (Meaning- not under arrest and detention, as distinguished from: - “fugitive from justice”)
The term “at large” is not synonymous to “fugitive from justice”, the former not being a wanted person in the eyes of the law, and therefore cannot be lawfully arrested without a warrant. The later is necessarily an escapee from detention or an escaped prisoner while serving sentence by virtue of a final judgment rendered by a court of competent jurisdiction that can be legally arrested (par. [c], Sec. 5, Rule 113, Rules of Court without the necessity of the court.
POLICE OPERATION DISTINGUISHED FROM POLICE INVESTIGATION
A. Police Operation is a lawful clandestine intelligence and detective networking to gather information and evidences to determine with certainty the commission of a crime, the identity of the perpetrators thereof, and as may be necessary, to arrest the culprits under those instances as authorized by law.
The action whereby a person is subjected to:
1. A warrantless arrest “inflagrante delicto”; or ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
2. A warrantless arrest in “fresh( hot ) pursuit”; or 3. A warrantless arrest as an incident to the execution of a search warrant; or, 4. A warrantless search as an incident to a lawful arrest; or 5. An arrest by virtue of a warrant of arrest; or, 6. The arrest of escaped prisoner while serving sentence or temporarily confined while his case is pending; or 7. While being transferred from one confinement to another. ARREST
General Guidelines a. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent authority, except in instances where the law allows warrantless arrest. b. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than what is necessary under the circumstances. c. As a general rule, arrests can be made on any day of the week and at any time of the day or night. d. Only judges are authorized to issue Warrants of Arrest. e. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest. f. The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while Congress is in session for an offense punishable by not more than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.
Warrant of Arrest
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The Warrant of Arrest is the written authority of the arresting officer when making an arrest or taking of a person into custody in order that he may be bound to answer for the commission of an offense.
The head of the office to whom the warrant of arrest has been delivered for implementation shall cause the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after the expiration of such period, the police officer to whom it was assigned for implementation shall make a report to the judge who issued the warrant and in case of his failure to implement the same, shall state the reasons thereof.
ARRESTS WITHOUT A WARRANT
A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b. When an offense has just been committed and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it; c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement area to another; d. Where the accused released on bail attempts to leave the country without court permission; e. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of evasion of service of sentence; and f. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and undesirable aliens.
RIGHTS OF A PERSON UNDER ARREST OR CUSTODIAL INVESTIGATION:
After the arrest of the suspect, the police officer shall immediately inform him the cause of arrest and apprise him the Miranda Rights:
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You are now under arrest/custodial investigation for ______. You have the right to remain silent and to have a competent and independent counsel of your own choice, and if you cannot afford the services of the lawyer, one shall be provided for free by the government. Any statement made by you during investigation may be used for or against you in any Court of Law of the Philippines. (These rights cannot be waived except in writing and in the presence of a counsel) Do you understand?
Note: It must be understood in the dialect known by the suspect.
PROCEDURES
Serving of Warrant of Arrest
1. Verify the validity of the warrant and request for an authenticated copy from the issuing court ; 2. In serving the warrant, the police officer should introduce himself and show proper identification; 3. Make a manifestation of authority against the person to be arrested; 4. If refused entry, the police officer may break into any residence, office, building, and other structure where the person to be arrested is in or is reasonably believed to be in, after announcing his purpose; 5. The police officer need not have a copy of the warrant in his possession at the time of the arrest. If the person arrested so requires, the warrant shall be shown to the arrested person as soon as possible; 6. Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other individuals or the arrested person himself; 7. Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his immediate control; 8. Inform the person to be arrested of his rights under the law (i.e. Miranda Warning and Anti-torture Warning); 9. No unnecessary force shall be used in making an arrest; 10. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established;
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11. Bring the arrested person to the Police Station for documentation; 12. Make a Return of Warrant to the court of origin 13. Deliver the arrested person to jail/prison upon the issuance of a commitment order of the court.
Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s; 2. Make proper introduction as to identity and authority to arrest; 3. Inform the arrested person of the circumstances of his arrest and recite the Miranda Warning and Anti-torture Warning to him; 4. Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other individuals or the arrested person himself; 5. Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his immediate control; 6. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established; 7. No unnecessary force shall be used in making an arrest; and 8. Bring the arrested person to the Police Station for further investigation and disposition.
Duties of the Arresting Officer
a. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the arrested person without delay to the nearest Police Station or jail to record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the arresting officer to inform the person arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest. The arresting officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as possible;
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c. When women or children are among the arrested suspect/s, the arresting officer shall task the Women’s and Children’s Protection Desks (WCPD) officer or a policewoman who is familiar with women and children protection desk duties to conduct the pat- down search;
d. In case of arrest without a warrant, it shall be the duty of the arresting officer to inform the person to be arrested of his authority and the cause of the arrest except when he flees or forcibly resists before the arresting officer has the opportunity to inform him or when the giving of such information will imperil the arrest;
e. The person arrested, with or without warrant, shall be informed of his constitutional right to remain silent and that any statement he makes could be used against him. Also, that he has the right to communicate with his lawyer or his immediate family and the right to physical examination;
f. A person arrested without a warrant shall be immediately brought to the proper Police Station for investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);
g. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against an arrested person. The bringing of arrested persons to secret detention places, solitary confinement and the like is prohibited;
h. If the person arrested without a warrant waives his right under the provisions of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his counsel of choice; and
i. If the person arrested waives his right against self-incrimination and chooses to give his statement, the arresting officer shall
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ensure that the waiver is made in writing and signed by the person arrested in the presence of a counsel of his own choice or a competent and independent counsel provided by the government.
PHYSICAL EXAMINATION OF ARRESTED PERSON/SUSPECT
Before interrogation, the person arrested shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female doctor.
SEARCH AND SEIZURE
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented. The search warrant shall particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines. a. The following properties may be the objects of a search warrant:
(1) Properties which are the subject of the offense; (2) Stolen, embezzled proceeds, or fruits of the offense; and (3) Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] b. Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine.
Validity of Search Warrant
a. The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search can be continued the following day, or days, until completed, provided it is still within the ten (10)- day validity period of the search warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day validity period, the responsible police officer conducting the search must file, before the issuing court, an application for the extension of the validity period of said search warrant.
Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant allowing service at any time of the day or night.
Applications for Search Warrant
All applications for Search Warrant shall be approved for filing by the Chief of Office. The application shall indicate the following data:
a. Office applying for the Search Warrant; b. Name of officer-applicant; c. Name of the subject, if known; d. Address/place(s) to be searched; e. Specific statement of things/articles to be seized; and f. Sketch of the place to be searched. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
All approved applications shall be recorded in a log book, duly maintained for the purpose, indicating the name of the applicant, name of the respondent, nature of the offense, and date of the application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority, the police officer is refused admittance to the place of search, he may break open any outer or inner door or window or any part of a house or anything therein to implement the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant a. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. b. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken.
Inventory and Delivery of Property Seized
a. The police officer who confiscates property under the warrant shall issue a detailed receipt of property seized to the lawful occupant of the premises, or in the absence of such occupant, shall do so in the presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality;
b. The receipt shall likewise include items seized under the Plain View Doctrine.
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c. The police officer must then leave a receipt in the place in which he found the seized property and a duplicate copy thereof with any barangay official having jurisdiction over the place searched.
d. The police officer must forthwith deliver the property seized to the judge who issued the warrant, together with an inventory thereof, duly verified under oath.
VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or anything which may be used or which may constitute proof in the commission of an offense, without a search warrant. The warrantless search and seizure as an incident to a lawful arrest may extend beyond the person of the arrested to include the premises or surroundings under his immediate control.
b. Search of moving vehicles
If the police officers who will conduct the search have reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected to an extensive search.
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be introduced as evidence. Requirements under the Plain View Doctrine are:
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(1) The police officer must have prior justification for an intrusion or, otherwise, must be in a position from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be evidence of a crime, contraband, or is a valid subject of seizure.
d. When there is waiver of the right or there is consented search
To constitute a waiver of this constitutional right, it must appear, first, that the right exists; second, that the person involved had knowledge, either actual or constructive, of the existence of such right; that said person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen on the street, interrogate him, and pat him for weapons whenever he observes unusual conduct which convinces him that a criminal activity exists.
f. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the police officers have reasonable grounds to believe that a crime is being committed, and they have no opportunity to apply for a search warrant from the courts because the latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are engaged in illegal activities, the tipped information is
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] sufficient to provide probable cause to effect a warrantless search and seizure.
B. The action of initiating a meticulous inquiry to a formal complaint filed by the private aggrieved party or public complainant after the fact of the incident, but no arrest can be legally effected against the suspect as the circumstances attendant thereto are not those specifically allowed by law, is what is called Police Investigation.
PHASES OF INVESTIGATIONS The main objective of a police investigator is to gather all facts in order to:
A. Phase I - identify the suspect/s through 1. Confession, as defined in Section 29, Rule 130, Rules of Court, is: “The declaration of an accused expressly acknowledging his guilt of the charged, may be given in evidence against him.”
”Voluntary”, for purposes of confession, means that the accused speaks of his free will and accord, without inducement of any kind, and with a full and complete Knowledge of the nature and consequences of the confession, and when the speaking is so free from influences affecting the will of the accused, at the time the confession was made, that it renders it admissible in evidence against him (Wharton’s Criminal Evidence, Sec. 631[a], as cited in page 222, Evidence, by RJ. Francisco).
2. Admission – an admission is a voluntary acknowledgement in express terms or by implication, by a party in interest or by another whose statement he is legally bound, against his interest, of the existence or truth of a fact in dispute material to the issue.
Admission may either be express or implied. Admission may also be classified as judicial admission or extra judicial admission.
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Express admission is one made in express terms in definite, certain and unequivocal language. Implied admission are those who may be inferred from the acts, declaration or omission of a party. Judicial admission are admissions made in a judicial proceeding. Thus, Sec 4, Rule 129, of the Revised Rules of Court, expressly provides: - “An admission, verbal or written made by a party in the course of the proceedings in the same case does not require proof”
3. Eyewitness testimony – the ideal identification is made by an objective person who is familiar with the appearance of the accused and who personally witness the commission of the crime.
4. Circumstantial evidence - in the absence of a confession and eyewitness, the identification of criminal may be established indirectly by proving other facts or circumstances from which, either alone or in connection with other facts, the identity of the perpetrator can be inferred. Evidence of this nature, usually falls into the following circumstances.
a. Motive – can be defined as some inner drive, impulse, intention, etc., that causes a person to do something or act in a certain way. It may be inferred from circumstances and from the statement of witnesses that the suspect could have been motivated by a desire for revenge or personal gain, or jealousy.
b. Opportunity – is a circumstance which made it possible physically for the suspect to commit the crime; or in other words, being in a position to commit the offense. He must have the access to the scene of the crime, or have been in the vicinity and have the means available to commit the crime.
c. Intent – is the accomplishment of the act and where it is an element in the commission of an offense, it must always be proved. To show the identity of the criminal, intent must establish that the criminal is aware of the consequences of his acts.
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5. Associate evidence – the physical evidence found at the scene of the crime and during the course of the investigation may serve to identify the criminal by means of clue materials, personal property, or the characteristic pattern of procedure deduced from the arrangement of objects at the crime scene.
(Sec.1, Rule 130, Rules of Court, as amended), explained. Object (real) evidence or Physical evidence is the evidence of the highest order. It speaks more eloquently than a hundred witnesses (People vs. Parcilla, 167 SCRA 722). This is the best form of evidence.
The handgun used in killing the victim is the best evidence in a case of homicide or murder. In a case of robbery, the force upon things like forced entry to the window shown by broken jealousy or the recovered stolen articles found in the possession of the suspect are the best physical evidence.
B. Phase II - Locate and apprehend suspect/s
The second phase of Investigation is concerned with locating and apprehending the offender. This is not only frustrating but dangerous on the part of the investigator. Locating and apprehending the suspect/s can be done through the use of informants, by conducting surveillance, and by conducting undercover assignments.
C. Phase III - Gather and provide evidence to establish the guilt of the accused.
In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the accused must be identified and associated with the crime scene; competent and credible witnesses must be available; and physical evidence must be appropriately identified. The investigator must know by heart the elements of a specific crime. TOOLS OF AN INVESTIGATOR 1. Information – Data gathered by an investigator from other persons including the victim himself and from:
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1. Public records 2. Private records 3. Modus Operandi file
2. Interview – Skillful questioning of witnesses and suspects.
3. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. INFORMATION A. Information – Data gathered by an investigator from other persons including the victim himself and from:
1. Public records- information gathered from records and files of the Police, other law enforcement agencies, Company records, Public Hospital records and others.
2. Private records- information gathered from cultivated sources such as paid informants, bartenders, taxi drivers, and vendors and from the internet such as facebook, and others.
3. Modus Operandi file- information gathered from a CCTV camera, witnesses, and arrested suspect/s, and from Police and other law enforcement files.
An effective criminal investigation requires accurate information. Information is required about the characteristics and peculiarities of previous cases similar to the one under current investigation; guidance towards suspect identification, development of leads. Of the three tools of investigation, Information is the most important since it answers the question- “WHO IS THE VICTIM?” If identified, and “WHO DID IT?” so as to the identity of the suspect. For purposes of investigation, INFORMATION is “anything that tells us something, whether, corrector incorrect”. This is a general term that refers to any facts, statements or materials surrounding the commission of a crime. If the information is of such nature and quality that it could further advance the investigation, that information is
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] called a LEAD. When there are no more leads to develop, it is said that the investigation is facing a BLANKWALL
The following are other sources of information:
A. Persons B. Places C. Things
A. Persons – these are individuals who may be:
1. Victims – the direct recipients of the crime itself who suffered direct or indirect loss/injury as a consequence thereof 2. Complainants – persons who informs the police of a crime and demands that something be done about it. 3. Witnesses – third persons who have personal knowledge of relevant facts surrounding a crime. 4. Informers/Informants – furnishes information relative to a crime either voluntarily or for a consideration 5. Suspects – person who is accused as the author of the crime
Types of Informants
1. Volunteer informants - knowingly give information 2. Involuntary informants – those who do not desire or do not what to 3. Confidential informants - identity shall not be revealed 4. Special informants - who without concealment supply information 5. Anonymous informants - those refuse to divulge their identity
Types of Informers
1. Common or Ordinary Informer - openly give information but expects something in return 2. Confidential Informer - identity shall not be divulge and expects compensation investigator should know many people and develop people of importance their development lies in the hand of the investigator
Methods of Surveillance
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1. Stationary Surveillance- the continuous watching from one or more fixed points 2. Mobile Surveillance-following the subject on foot or by vehicle, - it may be classified as close or loose - subject , is kept under observation at all times - subject is watch apart of the time or his activities are spot- checked
Foot Surveillance
1. ABC Method of Foot Surveillance – three (3) personnel are needed 2. Leap Frog Method - used after the subject created an observable pattern of action 3. Spot - subject is placed under a limited time and place
B. Places – places as a source of information generally refers to the SCENE OF THE CRIME (locus criminis). It is important for the investigators to locate the true crime scene because it contains the highest concentration of physical evidence and possible witnesses of its commission. Crime scenes may be:
1. Primary Crime Scene – the place where the crime was committed.
2. Secondary Crime Scene – the place where the crime was continued.
3. Pseudo Crime Scene – a crime scene staged to mislead, cover- up, or conceal what really happened.
For example: A shot B in Room 69 of Manila Hotel. Afterwards, A placed the body of B inside the baggage compartment of a blue Toyota Vios and dumped the body in Smokey Mountain where it was later found.
Room 69 of Manila Hotel is the primary crime scene.
The Toyota Vios and the Smokey Mountain where the body was found are secondary crime scenes.
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What if instead of dumping B’s body in the Smokey Mountain, A made it appear as if B committed suicide inside the car and falsified a suicide letter? That is called Pseudo (False) Crime Scene.
Please take note that all crime scenes must be processed, whether primary, secondary or pseudo. However, it must be stressed that importance must be given to locating the primary crime scene.
C. Things – the last but certainly not the least source of information are things. Things are any tangible objects found at the crime scene or in possession of the suspect. These are objects of evidentiary value. The investigative classification of evidence is more technical and is somewhat different from the classification of evidence under the Rules of Court. Nevertheless, they are related to one another. Things include the following:
1. Trace evidence – minute evidence found at the crime scene which places the suspect on scene such as fingerprints, shoe imprints, cigarette butts, spermatozoa (Criminal Investigation, Hess & Orthman). Trace evidence may include evidence which indicates the whereabouts and movements of the suspect, such as hotel guest lists, plane tickets, ATM withdrawals, and the likes (Swanson, Chamelin & Territo)
2. Associative evidence – evidence found in the suspect which places him at the crime scene, such as bite marks, tools, & bloodstained shirts. There are also special types of associative evidence called:
a. Souvenir – part of the crime scene which the suspect intentionally took as a remembrance, such as the underwear of a rape victim. b. Trophy – part of the body of the victim which the suspect intentionally took as a memento, such as the pubic hairs of the rape victim
3. Evidence with class characteristics. 4. Evidence with individual characteristics. 5. Fruits of the crime. 6. Tools used in the commission of the crime
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INTERVIEW
1. Interview defined – is the questioning of person who is believed to possess a knowledge that is of official interest to the investigator.
2. Importance – interview in crime investigation is very important as the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manners and words.
3. Qualification of the Interviewer – He must possess insight, intelligence, persuasiveness and should possess forcefulness of personality. He should have the qualities of a salesman, an actor and a psychologist.
4. Planning the Interview – In planning an interview, the investigator should as a general rule, select a place which will provide him a psychological advantage and a conduct the questioning as soon as possible after the occurrence.
5. Preparation of the Interview – Before interviewing a witness, the investigator should mentally review the case and consider what information the witness can contribute. If the importance of the case warrants, he should acquaint himself of the background of the witness.
6. Opening the Interview – After showing his credentials the interviewer should open with a few friendly remarks. When he feels that the witness is in communicative mood, the interviewer should turn the conversation toward the witness’ knowledge of the case under investigation.
7. The Questioning a.) After the witness has told his story without interruption, the investigator should review with him and request him to amplify certain points.
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b.) The interviewer should dominate the interview. Do not allow the witness to be asking questions. Do not fumble. You must have reasons for every question asked.
c.) The interviewer should go step by step in learning all the details concerning the planning, commission and what happened after the crime was committed. Do not move to the next topic until after you have exhausted each of the topic.
d.) Avoid leading or misleading question. Wait for the answer to one question before asking a second one. Important questions should be in a tone of voice similar with that of unimportant ones.
As a rule, avoid trick or buffing e.) questions. If it is necessary to inquire into the past history of the interviewee and touch upon something unpleasant, it is wise to use introductory remarks.
8. Closing the Interview – The interview should analyze before closing the interview if what he has learned has attained his objective. The interviewer should always leave the door open for a re-interview.
Interview – Skillful questioning of witnesses and suspects.
Interview in crime investigation is very important as the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words.
In planning an interview, an investigator as a general rule, select a place which will provide him with a psychological advantage. He should conduct the questioning as soon as possible after the occurrence.
A Philosophy of Interview:
The RIGHT officer Asking the RIGHT questions in the RIGHT manner
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At the RIGHT time and in the RIGHT Place Will get the RIGHT answers
In processing persons as sources of information, the investigator generally conducts an INTERVIEW – a friendly and cooperative conversation for the purpose of obtaining as much relevant information as the source can possibly give under the circumstances.
However, when the subject is the suspect himself or a hostile/uncooperative witness – the conversation is rather confrontational and is called INTERROGATION.
With respect to the suspect, interrogation is valid only if made in compliance with MIRANDA RIGHTS.
Planning the interview.
The interviewer must have a general knowledge of the crime before he could start asking intelligent questions and illicit useful information from the interviewee. He must first gather the general data and start from there.
These data involves the basic 5W and 1H of criminal investigation:
1. What? 2. Where? 3. When? 4. Who? 5. Why? 6. How?
Thus, assuming that a homicide was reported and you are the criminal investigator. On site you must establish the following facts:
1. What is the nature of the case? 2. Where was it committed? 3. When did it happen? 4. Who are the persons involved? 5. Why did it happen?
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6. How was it committed?
If after the above preliminary inquiries you have gathered that the crime involved death reportedly committed in Basak, Lapu lapu City, on Auguts 1, 2013 at 10:00 PM resulting to the death of one Mr. Juan dela Cruz who bore a single gunshot wound in the head from a .45 pistol, a bullet & a spent shell from .45 was recovered from the scene and sent to the laboratory, at the time of the commission, it initially appears that no one saw the actual shooting. You must frame your questions from the above KNOWN facts. Your purpose in interviewing is to reveal UNKNOWN facts –facts that needs to be developed further. Suppose you came across a tanod who responded to the scene first, you may ask him the following questions based on the above known facts:
1. You were one of the first tanods who responded to the alarm first? Ans. Yes 2. What’s your name? Ans. Pedro dela Calzada 3. How did you come to know of the killing? Who reported it to you and where do he lives? Ans. We received a phone call from Mario Ortiz regarding a shooting incident which he saw happen in front of his house. He lives just across the street where the body of the victim was found. 4. When you arrived, what was the situation on site? Ans. People were panicking and pointed towards Marigondon where the suspect fled on board a Yellow Honda XRM. 5. Did anybody saw the plate number of the motorcycle? Ans. No sir. 6. The victim Mr. Juan dela Cruz, is he known to you? Does he have known enemies? Ans. Yes sir, I know the victim. He has no known enemy in our barangay but he had an altercation with a certain Jack Tattoo from Marigondon because of a woman. 7. Who is this woman? Ans. The girlfriend of the victim sir, her name is Angel from Tacloban. Based on the following questions as framed by the investigator, several unknown facts were revealed: first, there was an eyewitness named Mario Ortiz; secondly, victim had an earlier altercation with a certain Jack Tatoo from Marigondon because of possible love triangle with Angel from Tacloban; third, the shooter rode a Yellow Honda XRM motorcycle; fourth, the suspect fled towards Marigondon; and finally, what if ballistic test shows that the .45 pistol used
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belonged to a certain Jack Tattoo? Would you consider this coincidence important? You now have several leads (information that can further advance the investigation). You must follow these leads until the identity of the accused is established beyond reasonable doubt. Otherwise, you will face a blankwall.
Note: Ideal investigators are naturally inquisitive and suspicious (without showing it to the subject).As the he becomes more seasoned, framing questions that elicits the most information from the source becomes almost automatic by experience. That is why investigation is considered both a SCIENCE and an ART.
CHARACTERISTICS OF A GOOD INVESTIGATOR
Not all police officers are fit for detective or investigative works. A good candidate for investigative assignment must possess adequate Intellectual, Emotional and Physical characteristics (Bennet & Hess, Criminal Investigation, 1995 Edition).
I. Intellectual Characteristics – investigators must be able to sort out facts from fictions in dealing with various kinds of information. He must learn how to use inductive and deductive reasoning, use a logical process of elimination, be familiar with the common knowledge and motivations of men, and be able ask probing questions. He must do all of this while being able to retain information. On top of this, he must prepare his report in a well arranged casefolder.
The investigator also has the initial responsibility to recommend what offense to charge. He therefore must have a thorough understanding of the penal laws of the land. He is also expected to be well-versed on the procedures for filing of complaint, application for Search Warrant, testimony in court, making of affidavits, etc. In addition, he must be able to identify the evidentiary value of materials and information he comes across in the course of his investigation. All of these require more than an average intellectual capability.
Investigator must try and apply it to their work. They must know the elements of crime understand and be able to apply investigative techniques and be able to work with many different types of people. Exceptional intelligence is not a requisite trait of an effective investigator; objectively common sense is more important.
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II. Emotional/Psychological – investigators often encounter cases which reveal the worst of human nature: father raping their own daughters, children killing their own parents, neighbors stealing from their own community, rapists who ravage and kill their own victims. Investigators who lack emotional and psychological maturity will find themselves personally affected by the cases they are handling. If things get too personal for an investigator, he loses his neutrality and objectivity by becoming too involved in the case. An emotionally immature policeman may be susceptible to manipulation. Remember, not all complainants are victims.
For instance: A complained that she was raped by B. Human nature naturally feels sympathy for A, the complainant. But the investigator must not be swayed so easily. He must be suspicious of the possibility that A is lying and was motivated by revenge, hatred or spite against B. Thus, a good investigator must have the diligence and professionalism to independently gather facts. This doctrine is strictly followed by the NBI.
Effective investigators are emotionally well balance, detached, inquisitive, suspecting, discerning, self-disciplined and persevering. Investigation is highly stressful and involves many decisions. Therefore, it requires emotional stability.
III. Physical Characteristics – the least important but nevertheless desirable characteristic is the ability to work long hours in the field under challenging conditions. Oftentimes, detectives find themselves working in remote areas where there are no ready access to food, drinks and medicines.
There are instances where the terrain of the crime scene is physically challenging such as a ravine or a deep well where the investigator may have to climb up and down. Most of the time, crime scenes are exposed to the elements, the sun, the rain, chemicals and even infectious bacteria.
Effective investigators are physically fit and have a good vision and hearing. Good health and high energy level are beneficial because the hours spent performing investigative duties can be long and demanding. In addition to being physically fit, investigators are aided
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] by keen vision and hearing. If uncorrected, color blindness, and farsightedness may impair investigative effectively. Hearing is especially important when darkness limit vision. Keen hearing helps estimate the nearness of a suspect, the movement of people, the direction of gunfire and detonations. In addition, the investigators may have to listen to words to hear a weak voice from a seriously wounded or dying person.
QUALIFICATION OF INVESTIGATOR
1. Rapport – good relationship between interviewer and the subject.
2. Forceful personality – the interviewer may induce trust and confidence by the strength of his character.
3. Breadth of interest – it is necessary for the interviewer and the subject to develop a meeting ground or interest.
4. Qualities of a salesman – an actor and a psychologist must possess insight, intelligence and persuasiveness.
STAGES OF INTERVIEW
1. Preparation - mentally review the case, background of witness and provide checklist
2. Approach - identify himself to the witness
3. Warming-up - preliminary conversation should warm-up the atmosphere, cordiality and trust
4. Questioning - start on points he want to illicit, elements of the offense.
5. Guiding the Conversation - control the proceedings to have complete information.
6. Corroboration - information obtain from others should be correlated from others.
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7. In accuracies - points should be treated repeatedly by additional questions. Honest mistake should be distinguished from deliberate misrepresentation.
8. Techniques of Questioning - ask when the person is prepared
TYPES OF INTERVIEWEES
1. Know-Nothing Type – reluctant to become witness; remedy is extensive warm-up fallowed by persistent questioning.
2. Disinterested Type – indifferent persons must be aroused.
3. Drunken Type - flattery will encourage the drunk to answer; not advisable to take written statement.
4. Suspicious Type - fear must be removed and must apply psychological pressure; let him think that his non-cooperation will work against him.
5. Talkative Type - must shift talkativeness to those matter in useful.
6. Honest Witness - an ideal witness with little are and guidance needed.
7. Deceitful Witness - he is permitted to lie and record it and inform the witness of perjury of his lies.
8. Timid Witness - shy or frighten; employ friendly approach.
9. Boasting, Egoistic or Egocentric Witness - flattery are necessary for he will be good witness because of his drive.
10. Refusal to Talk Witness – most difficult, persevere, neutral topics must be first taken.
INTERROGATION
1. Interrogation defined:
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An interrogation is a questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigator.
2. Purpose of Interrogation:
a.) To obtain information concerning the innocence or guilt of a suspect. b.) To obtain a confession to the crime from a guilty subject. c.) To induce the subject to make admissions. d.) To learn the facts and circumstances surrounding a crime. e.) To learn of the existence and location of physical evidence such as documents or weapons. f.) To learn the identity of accomplices. g.) To develop additional leads for the investigation. h.) To develop additional leads for the investigation. i.) To discover the details of any other crime in which the suspect participated.
3. Preliminary conduct a) The interrogator should identify himself at the outset and state in general the purpose of the investigation. b) He must advise the support of his rights against self-incrimination and inform him that he does not need to answer questions and that, if he does answer, these answers can be used in evidence against him. c) He must inform the suspect of his right to counsel and that state- appointed counsel will be made available without cost to him if he so desires, in any event, the interrogator may not question the suspect, unless the suspect had definitely waived his right to be silent. Ordinarily, the investigator should be alone with the suspect, and of course, his lawyer, if he has requested counsel.
4. The Interrogation Room – The room should provide freedom from distractions. It should be designed for simplicity
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with a view to enhancing the concentration of both the interrogator and the suspect on the matter under questioning.
5. Interrogation Techniques – The following are some of the techniques practiced by experienced investigators.
a.) Emotional appeals – Place the subject on the proper frame of mind. The investigator should provide emotional stimuli that will prompt him to unburden himself by confiding. Analyze subjects’ personality and decide what motivation would prompt him to tell the truth; and then provide those motives by appropriate emotional appeals.
b) Sympathetic approach – The suspect may feel the need of friendship. He is apparently in trouble. An offer of friendship by small acts of kindness may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect is willing to confess if he is treated in a friendly spirit.
d) Extenuation – The investigator does not take serious a view of subject’s indiscretion.
e) Shifting the blame – Obviously, the subject is not the sort of person that is usually mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by nature and choice. The trouble with the suspect lies in his little weakness – He likes drinks, perhaps, he is excessively fond of girls, or he has had a bad run of luck in gambling.
f) Muff and Jeff – Two (2) agents are employed. Muff, the relentless investigator, who knows the subject is guilty and is not going to waste any time. Jeff, on the other hand, obviously a kind hearted man.
Unlike in interview where the purpose is to reveal unknown facts, the purpose of interrogation is to confront the suspect with the evidence already obtained from all sources (PERSONS,PLACES &THINGS) in order to encourage the suspect to confess.
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Here, the investigator already has a clear picture of what really happened. All that is left is to confront the suspect about his findings. Before starting the interrogation, however, he must remember the requirements of Miranda Rights and other pertinent laws such as RA (Rights of a Person Arrested, Detained or Under Custodial Interrogation) and RA 9745 (Anti-torture Act).
Miranda v. Arizona (Miranda Doctrine)
Facts of the case: A white woman reported to the Arizona police that she was raped. The suspect was described by the victim as Mexican. The police rounded up several suspects who fit the description and one of them was Ernesto Miranda, a truck driver of Mexican descent who does not speak English and doesn’t know how to read or write because he did not even finished grade school. When presented in a police- lineup, the woman “positively identified” Miranda as the culprit.
During extensive interrogation, Miranda was made to sign a paper without the assistance of counsel which turned out to be a confession written in fluent English. On the basis of the signed confession, however, he was convicted by the trial court.
Issue: Whether or not the conviction is proper.
Ruling of the US Supreme Court: The conviction is erroneous and violates the Due Process clause of the American Constitution. Every person accused of a crime has the right to be informed his right to remain silent; that what he says or do may be used against him in a court of law; he has the right to counsel, preferably of his own choice; and if he cannot afford, one will be provided to him for free. An accused who is not properly apprised of these rights can lawfully contest the validity of any signed confession or statements, which, by virtue of the coercive pressure exerted by veteran interrogators, he is too intimidated or powerless to resist.
Note: MIRANDA VS STATE OF ARIZONA, Decided on June 13, 1966 On March 13, 1966, Ernesto Miranda was arrested for Kidnapping and Rape. At the trial, the police officers admitted that Miranda was not ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] advised of his rights to silence and to counsel. The confession of Miranda was admitted into evidence over objection of the defense counsel. Miranda was found guilty and sentenced from 20 to 30 years imprisonment. On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession and affirmed the conviction. In reaching its decision, the Arizona Supreme Court stressed the fact that Miranda had not specifically requested counsel and therefore the doctrine in the Escobedo did not apply. Miranda appealed to the U.S. Supreme Court and in a 5 - 4 decision, the Court reversed the conviction and held that prior to interrogation the person must be informed in clear and unequivocal terms that he has the right to remain silent and to counsel; that should he choose to speak, any statement he makes may be used in evidence against him; and that should he choose counsel, it should be provided him. Before the adoption of the 1973 Constitution, our Supreme Court rejected the application of the Escobedo and Miranda Rules in this jurisdiction thru the case People versus Jose L 28232, February 6, 1971, 37 SCRA 451, which is popularly known as the Maggie Dela Riva Rape Case. Both the 1973 and 1987 Constitution adding stricter provisions as cited above. The 1935 Constitution, Article III (Bill of Rights, Section 1, para. 17, provides: “In all criminal prosecutions the accused shall x x x enjoy the right to be heard by himself and counsel xxx”. However, the term criminal prosecution was interpreted by the court, in U.S. versus Beeechman, 23 Phil 25 (1812) to mean proceedings before the trial court from arraignment to rendition of judgment. Consequently, during the custodial investigation the person under investigation does not have the constitutional right to the services of counsel (Under the 1935 Constitution). Exceptions to the Miranda Rights:
1. When the accused freely and voluntarily waived this right; 2. Volunteered information – when the accused, without waiving this right and without the police initiating the questioning, nevertheless volunteered information which contributed to his conviction;
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3. When the conviction is partly based on available evidence other than the confession of the accused; and 4. Inevitable discovery rule – when the information furnished by the accused is of such nature that the police would have discovered it anyway, even in the absence of the confession, the accused could still be convicted.
Techniques/Approaches in Interrogation
1. Bad cop/good cop technique – a.k.a. Mutt & Jeff, Hot & Cold. In this approach, one cop plays tough and intimidating while the other plays soft and accommodating. The objective of the bad cough is to lead the suspect to cooperate with the good cop.
2. Sympathetic approach – best used for sensitive suspects who commit crimes because of fits of jealousy or emotions. The questioning here usually starts with “I understand how you felt”, “If I were on your situation, I would probably do the same thing”.
3. Reflective Interview Technique (Mirror technique) – in this approach, the investigator presents a psychological mirror to the suspect and reverse the situation by making him understand the feelings of the victim. The questioning here are usually framed in this manner: “How would you feel if it was your own child that was killed?”, “The victims’ body is yet to be found, don’t you think the victim deserves a proper Christian burial?”, etc.
4. Cognitive interview technique – in this approach, the interrogator carefully examines the body-language of the suspect in relation to his answers in order for the investigator to determine whether or not the suspect is lying, evasive or deceptive.
5. Intellectual approach - in this method of interrogation, the questioning is characterized with frankness and matter-of-fact accusations. The suspect is confronted with hard, undisputed facts and encouraged to weight the advantages of cooperating rather than not-cooperating.
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6. Mixed approach – the combination of any or all of the above techniques. Example of intellectual approach: In our previous imaginary case in our discussion in interview, suppose you came face to face with Jack Tattoo and initiate the following intellectual approach:
1. I am PO1 Devil from Cebu, are you Jack Tattoo? Ans. Yes I am. Why do you ask?
2. You have the right to remain silent, etc. etc.
3. Jack, I have information that on the night of August 1, 2013, you went to Basak and shot Juan dela Cruz. I also had information that several days before the shooting, you quarreled with the victim because of Angel from Tacloban. The victim died from a .45 Cal. Pistol registered in your name. Witnesses saw the culprit ride a yellow Honda XRM towards your barangay in Marigondon. I conducted a background check at LTO and found you owned a yellow Honda XRM motorcycle. If I were you, I would voluntarily surrender and admit the crime so you can avail of mitigating circumstances under the law. Even if you hire the best lawyer you could find, I guarantee you will be convicted.
Distinctions between Interview & Interrogations:
Interview Interrogation Friendly and Cooperative Hostile and Confrontational Purpose is to gather Purpose is to obtain unknown facts and/or verify confession known facts Does not require Miranda Miranda Doctrine is Doctrine required if the subject is the accused. If subject is hostile witness (uncooperative), no Miranda doctrine is required. Applies to cooperative Applies to suspects and
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] witnesses hostile witnesses
Functions of the Investigators
A. Provide emergency assistance - If an injured person is on the scene, arrange for medical attention, identification and removal. B. Secure the crime scene - If the scene is not fully protected, ensure its protection by using other policemen or other responsible persons to keep witnesses, suspects and victim(s) who are present from disturbing the scene
C. Recording - The investigator begins the process of recording pertinent facts and details of the investigation the moment he arrives at the crime scene. (He should record the time when he was initially notified prior to his arrival). He also writes down the identification of persons involved and what he initially saw. He also draws a basic sketch of the crime scene and takes the initial photograph (if a photographer is available, avail his services). This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photograph, with proper measurements.
D. Search for, obtain and process physical evidence;
1. Each crime is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made, however, to note the location of obvious traces of action, the probable entry and exit points used by the offender(s) and the size and shape of the area involved.
2. The investigator must collect physical evidence with adequate sampling considering the quantity available at the crime scene and the amount needed for the laboratory test. He must also
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endeavor to collect standards or known samples for purposes of comparison with those other physical evidences collected. The evidence and the physical evidence collected must possess the integrity as evidence and that it must not come in contact with other substances to avoid contamination.
E. Taking of Sworn Statements of Suspects - The execution of a suspect’s “Waiver” as stipulated in Art 125 of the RPC shall always be done in the presence of his chosen counsel or any independent counsel.
F. Taking Sworn Statement/s of the Witnesses
1. Sworn Statement of Affidavit of complainant/s and witnesses must be taken immediately by the investigator –on- case. 2. Affidavit of arrest of arresting officer must be taken immediately not later than 24 hours. 3. In inquest cases, the investigator –on- case and the arresting officer/s shall observe Art.125 of the Revised Penal Code.
G. Preparation of Reports and Filing of Charges
The Investigator- On- Case shall submit the following:
1.Spot Report within 24 hrs to Higher Headquarters; 2. Progress Report; 3. After Operation Report; 4. Final report after the case is filed before the Prosecutor’s office or court; & 5. Accomplishment Report.
H. Follow-up of Case - The investigator shall conduct police operation to identify and apprehend suspect/s based on the results of the initial investigation conducted.
I. Testify in court - The investigator shall endeavor to ensure their attendance during court hearings. The appearance of the investigator as a witness before a court of law is the final most severe test of his
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] efficiency. The preparation of the case is made with the goal of ultimate presentation before the judge constantly in view.
Duties of the Police During Custodial Investigation
a. The arresting officer, or the investigator, as the case may be, shall ensure that a person arrested, detained or under custodial investigation shall, at all times, be assisted by counsel, preferably of his own choice; b. The arresting officer, or the investigator, as the case may be, must inform the person arrested, detained or under custodial investigation of the following rights under the Miranda Doctrine in a language or dialect known to and understood by him:
(1) That he has the right to remain silent; (2) That if he waives his right to remain silent, anything he says can be used in evidence against him in court; (3) That he has the right to counsel of his own choice; (4) That, if he cannot afford one, he shall be provided with an independent and competent counsel; and (5) That he has the right to be informed of such rights. c. If the person arrested, detained, or under custodial investigation has opted to give a sworn statement, the arresting officer, or the investigator, as the case may be, must reduce it in writing. d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-marked if there is inability to read and to write, the document shall be read and adequately explained to the person arrested, detained or under custodial investigation by his counsel of choice, or by the assisting counsel provided to him, in the language or dialect known to him; e. The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be:
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(1) In writing; (2) Signed by such person in the presence of his counsel; or (3) In the latter’s absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, priest, imam or religious minister chosen by him. Failure of the arresting officer, or the investigator, to observe the above mentioned procedures shall render the extrajudicial confession inadmissible as evidence in any proceeding; f. The arresting officer, or the investigator, as the case may be, must, under established regulations, allow the person arrested, detained, or under custodial investigation visits by or conferences with any member of his immediate family, any medical doctor, priest, imam or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any local Non-Governmental Organization (NGO) duly accredited by the Commission on Human Rights (CHR) or by any international NGO duly accredited by the Office of the President. His “immediate family” shall include his spouse, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, guardian or ward, and fiancé or fiancée; and g. After interrogation, the person under custodial investigation shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female doctor.
The physical examination of the person under custodial investigation shall be contained in a medical report, which shall be attached to the custodial investigation report.
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C. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime.
The most common use of instrumentation is in connection with the physical evidence in the case and the limitation of this of this tool of investigation are set by the clue materials and other traces found at the scene of the crime. In a good percentage of cases, it will be found that there is no physical evidence and that Instrumentation is relatively unimportant. Theft and assault, for example, are usually committed without leaving physical evidence in the form of traces. In a Homicide, clue materials and other forms of physical evidence are of paramount importance. Instrumentation is found most effective in cases where physical evidence is important.
Instrumentation refers to the use of forensic tools in order to advance the goals of investigation. Also called CRIMINALISTICS, this is where investigation becomes strictly scientific. We will not discuss each branch of Criminalistics here but you will find it in another set of handouts where the details are best discussed.
However, it helps to run through them since instrumentation is one of the three (3) I’s of Criminal Investigation.
These are: 1. Legal Medicine; 2. Forensic Chemistry & Toxicology; 3. Personal Identification; 4. Firearms Identification (Forensic Ballistics); 5. Questioned Documents & Handwriting Examinations; 6. Polygraph Examinations; and 7. Police Photography
Note: Recent developments in forensic science were intentionally not included because strictly speaking, these are just additional developments of the above main forensic branches.
For example, Forensic Odontology (study of dental or teeth structure) and Forensic Entomology (study of carrion insects found in a
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] decomposing body) are just a branch of Legal Medicine. Likewise, Deoxyribonucleic Acid or DNA examinations are part of Legal Medicine, Forensic Chemistry & Personal Identification
CSI EFFECT
CSI Effect is a recent phenomenon in relation to criminal investigation that results to an “unrealistic expectations of the public in the conduct of criminal investigation” due chiefly to the popularity of fictional TV shows such as CSI. Far from the glamorous depiction of detectives in televisions and the movies, effective investigators are often involved in hard work, risking their lives and limbs, and living anonymously far from the lime lights often depicted in the movies.
CRIME SCENE PROCESSING
If all pieces of evidence are properly collected, handled and preserved then the conduct of forensic examination will provide the much needed information that may lead to the identification of the suspect/s in a criminal case.
Proper processing of evidence at the crime scene would lead to the conviction of the perpetrator of the crime.
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Flowchart of Crime Scene Processing
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Preparation
Investigative Procedure at the Crime Scene
1. Upon arrival at the crime scene - Coordinate - Recording/notes taking start - Check preservation and security of the SC - Conduct of visual survey - Confirm status of victim and determination of possible evidence/ assessment - Identification of command post and briefing
Crime Scene Documentation
3 Methods
1. Photography and or video 2. Crime Scene Sketch 3. Notes Taking
Photography and or video
1. From general to specific 2. Show entrance/ exit to the CS 3. Overlapping photograph 4. Close-up photograph with and without scale 5. Extreme close-up of minute evidence
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Crime Scene Sketch
Main Types of Crime Scene Sketch
1. Rough Sketch 2. Finished Sketch
Republic of the Philippines Department of the Interior and Local Government National Police Commission PHILIPPINE NATIONAL POLICE ______
SKETCH DETAILS AND MEASUREMENT
TITLE BLOCK LEGEND: Nature of Case: Requesting Party: Victim/s: Officer on Case: Date & Time Sketched: Place of Incident: Weather Condition: Sketched by: ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
Witnesses: 1. 2. Remarks:
Recommended Legend Symbols
Motor Vehicle Explosion Crater ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
Motor Cycle Skid marks/ Tire prints
Tree
Shrubs Utility Post
Fence North Direction N
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PROCESSING THE CRIME SCENE
Crime scene operatives must first conduct a thorough walk-through around the outermost boundaries of the crime scene. He must make an initial determination of the entry point, exit point and contact points, determine the size of the scene and extent of evidence distribution, and plan the appropriate search pattern to use for that particular crime scene.
Entry point is that part of the scene where the suspect gained access inside a room, house or abuilding. Exit point, on the other hand, refers to that part of the scene where he left, took flight or escaped. Contact points are those part of the crime scene where the suspects’ body, clothing’s or tools have disturbed, touched, made contact with, or stepped into. Contact points may contain the suspects DNA, fingerprints, shoeprints, etc.
The investigator must be cautious in approaching crimes scene for the following reasons:
1. Unidentified suspects who may be armed and dangerous may still be lurking around and could present a serious threat or harm to policemen and bystanders;
2. Families of the victim whose emotions remain high may view the investigators with contempt and hostility which could possibly result to violence and altercations;
3. Evidence found at the crime scene may be fragile and susceptible to destruction or cross-contamination before they can be properly identified, photographed, packed and recorded, resulting to needless destruction of vital evidence;
4. Crime scenes may contain chemicals, viruses, or bacterial pathogens that may be harmful to humans, thus investigators must have access to protective clothings, surgical masks, gloves, CBRN suits (or CBN) refers to chemical, biological, radiological and nuclear , and the likes;
5. Un-exploded bombs or ordnance may be found in the crime scene which may be triggered when inadvertently disturbed;
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6. Difficult terrains may present natural or man-made hazards to field investigators such as landslides, flooding, collapse of building, electrocution, etc. Selecting the most appropriate search pattern: The search pattern to be employed depends on many factors, such as:
1. The crime committed and the type of evidence that can be found (explosives, flammables, biohazards, or susceptible to rapid deterioration) 2. The nature of the terrain (is it indoor or outdoor? Is it plain field or mountainous? Is it bare or thick with vegetation? Etc.) 3. The size of the area to be searched. 4. The number of personnel available. 5. The tools and equipment’s of the search teams 6. The weather conditions
Note: No two crime scenes are alike. Each crime scene is unique, thus different crime scenes demands different search plans to be employed according to the circumstances of each location
However, the basic search pattern’s remains the same. As the investigator becomes seasoned by experience, selecting the most appropriate search pattern becomes almost automatic by mere INTUITION or GUT-FEEL (kutob). That is another reason why investigation is considered both a SCIENCE and an ART.
Documenting the Crime
Scene Crime scene documentation refers to the recording of all available information surrounding a crime scene and all activities which occurred therein. This is done by:
1. Photography 2. Video and voice recording (First allowed in the United States and other foreign countries. With the advent of CCTV cameras, Philippine courts now allow the introduction of videos as evidence. The voice recording mentioned here refers to the voice recording made by the investigator in order to aid his memory, in case writing is not possible)
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3. Crime scene sketch showing the location of important items and measurements of distance4.
Evidence log
1. Photographing the crime scene
Photographing the crime scene requires shots to be taken from the following distances:
i. Long range – showing the scene with a prominent landmark at the background to indicate its general location. Long range photographs must be taken in four (4) different ANGLES: front, right side, back and left side if the photographer moves in a clockwise fashion; or front, left side, back and right side if the photographer moves in a counterclockwise fashion. ii. Medium range – shots highlighting a spot appearing in the long range shot. This may also be taken in order to show the positions of several evidence relative to one another (group picture iii. Close up – shots indicating one specific evidence with ruler or measuring device placed alongside the evidence2.
Crime Scene Sketches and Measurements
Sketches may be:
i. Rough – taken at the field. ii. Finished– based on the rough sketch but finalized in the office.
Sketches must describe the general floor plan of the room or the layout of the field, if outdoor. The position of items found in the crime scene must be shown as accurately as possible. Each evidence must be identified by letters “A to Z” and described in a LEGEND appearing below the sketch. The bearings must also appear on the sketch, indicating where is North, South, East or West. The sketch must also contain measurements. Measurements may be made by:
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
i. Straight Baseline method ii. Diagonal Baseline method iii. Triangulation method iv. Cross-projection method
Lastly, the sketch must bear the identity of itsmaker and signed by him. Otherwise, it is considered hearsay.
Types of Crime Scene Sketch
a. Location/ Neighborhood sketch
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] b. Floor plan/ Bird’s eye view sketch
c. Exploded sketch/ Cross projection sketch
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] d. Elevation sketch
Type of Measurements a. Triangulation Method
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ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] b. Coordinate/ Angular method
c. Base line method
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] d. Compass point method
5’4 ” 4 5
e. Grid Method
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Notes taking
• Time and date arrival at the crime scene. • Weather condition • Name of investigator, first responder and time of incident or discovery of the incident. • Status and detail description of the victim as to body built, height, gender, age, injuries, estimated time of death, clothing, finger nails and other pertinent observation made. • Status of suspect if any and their personal circumstances. • Detailed written description of the crime scene with locations of physical evidence and other pertinent observation noted. • The person who discovered and collected the physical evidence. • How the evidence was packaged and marked. • The disposition of the item when it was collected. • Take note of everything that will help you in preparing a narrative report about how you process the crime scene. • The time and to whom you release the crime scene to the investigator.
CRIME SCENE SEARCH
First to be observed before the searching start:
a. Determine what type of searching patterns is most appropriate to the crime scene.
b. Determine the number of searching team and members of the searching team.
c. Mark/tags position of physical evidence with designated evidence number. Basic composition of the Scene of Crime Operation (SOCO)
1. Team Leader 2. Crime Photographer 3. Crime Scene Sketcher 4. Recorder 5. Evidence Collector 6. Evidence Custodian 7. Medico-legal Officer ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
8. Fingerprint Examiner/Technician
Methods of Crime Scene Search
1. Strip Search Method - the three (3) Searchers A, B, and C, proceed slowly at the same pace along paths parallel to one side of the rectangle.
2. Double Strip Search Method- the double strip or grid method of search is a modification of the Strip Search Method. The rectangle is traversed first parallel to the base then parallel to a side.
3. Spiral Search Method -the three searchers follow each other along the path of a spiral, beginning on the outside and spiraling in toward the center.
4. Zone Search Method -one searcher is assigned to each subdivision of a quadrant, and then each quadrant is cut into another set of quadrants.
Wheel Search Method- the area is considered to be approximately circular. The searchers gather at the center and proceed outward along radii or spokes.
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Type of searching methods a. The quadrant or zone method
b. Strip method
c. Grid or double strip method
d. Spiral method
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] e. Wheel method
Collection of Physical Evidence
Things to consider before the collection of physical evidence start:
a. Determine what physical evidence to be collected first. b. Determine what technique can be used.
d. Mark and package all physical evidence with complete data.
e. Inventory of evidence.
c. Labeling and marking of evidence.
Duties of First Responder and Investigator-on-case (IOC)
a. What to do when crime is reported:
• Record date, time and place of crime reported • Name of Complainant/reporter and the victim • Other details to complete 5 W’s & 1 H • Record the weather condition • Verify the veracity of the report • Inform the superior officer or the duty officer
b. What to do upon arrival at the crime scene:
• Secure/cordon the crime scene with police line • Evacuate injured persons to the nearest hospital • Prepare to take the dying declaration of the severely injured victim/s
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• Prevent entry/exit of any persons on the cordoned area • Look for witnesses and immediately conduct initial interview • Take note of important facts for future reference • Prepare to brief the investigator/s of the incident upon their arrival
c. What to do if the suspect/s still at the crime scene:
• The team leader will effect the arrest of the suspect/s if he is still at the crime scene • Inform superior office or duty officer and request for reinforcement • Negotiate for the suspect/s to surrender • Upon arrest the suspect/s will be secured and separated from other witnesses
d. What to do if the suspect/s had already fled:
• Inform superior or duty officer • Obtain description of any getaway vehicle(take note of the type, brand, model, color, etc) • Flash alarm for the possible route of escape and the identity of the suspect/s • Conduct hot pursuit operations
Procedure in the proper turn-over of crime scene to the Investigators and SOCO:
• The team leader upon arrival at the crime scene will received briefing from the first responder regarding the incident • The team Leader shall immediately establish a command post ideally located adjacent to the crime scene where the evidence custodian stays and receives pieces of evidence turned over to him • Initiation of preliminary survey, documentation of the crime scene (photographs or use of video camera, crime scene sketches) and conduct of final survey.
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• Detailed search should be done in the proper collection of physical evidences. Other evidence collector shall put their initial, location and date of collection of the item and turn it over to the evidence custodian for documentation and safekeeping • In cases where the evidence encountered needs special processing due to significant or sensational cases, the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory Group shall be requested • The team leader will release the crime scene if he is satisfied that all the pieces of evidence have been recovered
Temporary Release/Turn-Over of Crime Scene to the Chief of Police:
• In case where a CRIME SCENE needs further continuing processing, the crime scene shall be temporarily turned- over to the COP with jurisdiction sealed and secured until its re-entry and final turn-over to the Investigator-on-case.
Final Release/Turn-Over of Crime Scene to the Investigator-on Case:
• Ensure that appropriate inventory has been provided • Release is accomplished only after completion of the final survey and proper documentation • Released the Crime Scene in writing with the notion that there is only one chance to perform job correctly and completely.
SCENE OF CRIME OPERATION (SOCO)
Scene of Crime Operation is a forensic procedure performed by trained personnel of the PNP Crime Laboratory through scientific methods of investigation for the purpose of preserving the crime scene, gathering information, documentation, collection, and examination of all physical evidence
SOCO FUNCTIONS
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• It shall determine and delineate the crime scene. • It shall preserve and ensure the protection of the crime scene. • It shall conduct methodical search for all available evidence in the crime scene. • It shall methodically document the crime scene. • It shall methodically collect and transport all available physical evidence from the crime scene to the PNP Crime Laboratory for purposes of appropriate forensic examinations. • As required, it shall present before any competent court and/or any legally mandated agency its forensic findings and the expert testimonies of the SOCO elements.
TEAM STRUCTURE The team leader is responsible for the over function of the evidence team. The team leader should assist in coordinating the other members of the team and their job functions. Jobs may be delegated or changes, so long as the job is completed properly and the appropriate people are notified.
Team Leader
1. Assume control - ensure safety of personnel and security at scene. Ensure personnel use appropriate protective equipment and follow standard recommendations to protect them from any health hazard which might be presented by blood or any other human body fluid. 2. Conduct initial walk-through for purposes of making a preliminary survey, evaluating potential evidence, and preparing a narrative description. 3. Interview any witnesses, suspects etc. 4. Coordinate any arrests with other officers. 5. Ensure that sufficient supplies and equipment are available for personnel. 6. Control access to the scene and designate an individual to log everyone into the scene. Use crime scene tape or other control techniques. 7. Continuously reevaluate efficiency of search during entire course of operation. 8. Designate command post location, if needed, and ensure exchange of information between search and investigative personnel. 9. Determine search patterns, and make appropriate assignments ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
for team members. 10. Release the scene after a final survey and inventory of the evidence has been done.
Photographer and Photographic Log Recorder
Photographs should be taken as soon as possible, to depict the scene as it is observed before anything is handled, moved, or initiated into the scene.
The photographs allow a visual permanent record of the crime scene and items of evidence collected from the crime scene. There are three positions or views that the crime scene investigator needs to achieve with the photographs. Those views consist of overall scene photographs showing the most view possible of the scene, mid-range photographs showing the relationships of items and a close up of the item of evidence.
A close up should be taken of items that have serial numbers, tags and vin's. All stationary evidence where the photograph will be used to assist in the analytical process should be taken using a tripod with the proper lighting techniques for creating any needed shadows. A second photograph adding a measuring devise should be taken of items where the photo will assist in the analytical process.
1. Photograph entire area before it is entered. 2. Photograph victims, crowd, and vehicles. 3. Photograph entire scene with overall, medium and close-up coverage, using measurement scale when appropriate. 4. Photograph major evidence items before they are moved; coordinate this effort with Sketch Preparer, Evidence Recorder, and Evidence Recovery Personnel. 5. Photograph all latent fingerprints and other impression evidence before lifting and casting are accomplished. 6. Prepare photographic log and photographic sketch.
Sketch Preparer
Sketches are used along with the reports and photographs to document the scene. A crime scene sketch is simply a drawing that accurately shows the appearance of a crime scene.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
The sketch is simply drawn to show items, the position and relationship of items. It does not have to be an architectural drawing made to a scale, however it must include exact measurements where needed. The advantage of a sketch is that it can cover a large area and be drawn to leave Diagram immediate area of scene and orient diagram with sketch.
1. Use a point of reference. 2. Set forth major items of evidence on sketch. 3. Designate and label areas to be searched and advise team leader and all other search members of nomenclature for designated areas. 4. Obtain appropriate assistance for taking measurements and double check measurements. 5. Ensure necessary administrative information, such as scale disclaimer (not drawn to scale), is recorded on sketch. Evidence Recorder/Custodian
After the evidence has been photographed and sketched, the evidence should be collected. The number cards used on individual items of evidence should correspond to the photographic log, evidence log and sketch.
1. Use gloves or other protective equipment to keep from contaminating the evidence or endangering yourself. 2. Have significant evidence photographed before collection. 3. Describe evidence and its location on appropriate bag or envelope. 4. Sign and date evidence container/maintain chain of custody. 5. Appropriately collect and package evidence to maximize evidence integrity. 6. Maintain evidence log. 7. Use paper bags for items that can deteriorate in a sealed container. 8. Prepare evidence recovery log. 9. Coordinate evidence nomenclature with the Sketcher, Photographer and Evidence Collector/processors. 10. Record all evidence. 11. Receive all evidence 12. Undertake evidence packaging and preservation 13. Maintain chain-of-custody of evidences. 14. Coordinate transmittal of evidence to the concerned
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laboratory technical division for examination
Driver/Security
1. Coordinate with the supply PNCO to ensure that the vehicle is properly maintained 2. Provide physical security to the SOCO elements and equipments
Evidence Processor/Collector
This generally refers to the different forensic specialists, who by virtue of their specialization, are necessary to identify, collect, examine, and present before the courts evidence at the crime scene. The services of these forensic specialists shall be attached to the SOCO Team depending on the SOCO requirements of the reported crime scene. There are crime incidence where not all forensic specialists are needed to process the scene.
Forensic Specialists
Forensic Specialists refer to the PNP Crime Lab personnel who by academic preparation, series of specialized trainings, and/or occupational exposure had acquired the required technical expertise in any of the following PNP Crime Laboratory’s core competencies:
1. Biological Science or any of its branches 2. Physical Science or any of its branches 3. Physical Identification 4. Firearms Identification 5. Fingerprint Identification 6. Document Examination 7. Polygraph Examination 8. Forensic Photography
SOCO PROCEDURES:
1. Preparation Prior to the Conduct of SOCO
1. Ensure the availability of packaging and collection materials necessary for typical search circumstance.
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2. Prepare the preliminary format for the paperwork needed to document the conduct of the search. 3. Discuss upcoming search with the involved personnel. 4. Make preliminary personnel assignments before arrival at scene, if practicable. 5. Consider the safety and comfort of search personnel. Be prepared for probable impediments which maybe poised by weather or terrain. Ensure that basic crime scene search equipments are functional. These should consist of the communication, lighting, first aid, and security equipments. 6. Ensure that all SOCO Team elements tasked to enter the crime scene must be wearing surgical gloves and other protective gears as maybe necessary. 7. Assess the personnel assignments normally required to successfully process a crime scene and ensure that such assignments are in keeping with the training, experience, attitude, and aptitude of each individual.
2. Crime Scene Approach
1. Be alert for discarded evidence. 2. Make pertinent notes about the condition of the Crime Scene based on the systematic observation & scene assessment. 3. Establish frame-of-mind to take control of scene regardless of circumstance observed on arrival. 4. Consider personnel safety.
3. Preliminary Crime Scene Survey.
1. The survey is an organizational stage to a planned search. 2. A cautious walk-through of the scene must be accomplished by the Team Leader. 3. The SOCO Team Leader provides and ensures the operational focus of the Team. 4. Select appropriate narrative description techniques that should provide answers to the 5 W’s & 1H. 5. Organize methods and procedures needed to recognize special problem areas.
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6. Identify and protect transient physical evidence. 7. Make an extensive narrative notes on the physical and environmental conditions of the crime scene based on the exact locations of items found thereat and condition of the crime scene as received from the investigator on case.
4. Evaluation of Physical Evidence
1. This evaluation begins upon arrival at scene and becomes detailed in preliminary survey stage. 2. Based on preliminary survey, establish evidence types most likely to be encountered. 3. Ensure that collection and packaging equipment is sufficient for task at hand. 4. Ensure that all personnel are aware of the great variety of possible evidence. 5. Focus first on the easily accessible areas in open view and progress eventually to possible out-of-view locations. 6. Consider whether the evidence appears to have been moved inadvertently. 7. Evaluate whether or not the scene and evidence appears intentionally contrived.
5. Narrative description of the Crime Scene
1. The narrative is a running, general terms description of the condition of the crime scene. 2. Photography supplements narrative description of the crime scene. 3. Do not permit narrative effort to degenerate into a sporadic and unorganized attempt to recover physical evidence.
6. Crime Scene Photography / Videography
1. Begin photographing the crime scene as soon as possible. 2. Document the photographic effort with a photograph
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] log. 3. Ensure that a progression of overall, medium and close-up views of the scene is established. 4. Photograph evidence in place before its collection and packaging. 5. Photograph items, places etc., to corroborate the statement of witnesses, victims, suspects. 6. Take photographs from eye level, when feasible, to represent scene as would be observed by normal view. Prior to lifting latent fingerprints, 7. photographs Should be taken.
7. Sketch of Crime Scene
1. The diagram establishes permanent records of items conditions and distance/size relationships – diagram supplement photographs. 2. Number designations on sketch should be coordinated with same number designations on evidence log. 3. The sketch should contain sufficient measurements and details to be used as a model for drawn to scale diagram, or indicate a disclaimer if not drawn to scale.
8. Detailed Crime Scene Search
1. Conduct search in a general manner and work to the specifics regarding evidence items. 2. Photograph all items before collection and enter notation in photographic log. 3. Mark evidence locations on diagram/sketch. Do not handle evidence excessively after 4. recovery. 5. Seal all evidence containers at the crime scene.
9. Physical Evidence Recording and Collection
1. Tag and photograph evidence in place before collection. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION]
2. Methodically record the recovered evidence. Mark evidence (mark item itself whenever feasible) 3. Place identifying marks in evidence containers.
10. Final Crime Scene Survey
1. Discuss search jointly with all personnel for completeness. 2. Double-check documentation to detect inadvertent errors. 3. Check to ensure all evidence is accounted for before departing the scene. 4. Ensure all equipment used in the search is gathered. 5. Make sure possible hiding places or difficult access areas have not been overlooked in detailed search.
11. Turn-Over/Release of Crime Scene to Investigator-On- Case
1. Ensure that appropriate inventory has been provided.
2. Release the scene with the notion that there is only one chance to perform the job correctly and completely. 3. Release is accomplished only after completion of the final survey and proper documentation
Finishing the crime scene processing:
Final Survey: The final survey is a review of all aspects of the search. Discuss the search with all personnel. Ensure all documentation is correct and complete. Photograph the scene showing the final condition. Ensure all evidence is secured.
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Ensure all equipment is retrieved. Ensure hiding places or difficult access areas have not been overlooked.
Release
Release the crime scene after the final survey. Crime scene release documentation should include the time and date of release, to whom released, and by whom released. Ensure that the evidence is collected according to legal requirements, documented, and marked for identification. Consider the need for specialists such as a blood-pattern analyst or a medical examiner to observe the scene before it is released. Once the scene has been released, reentry may require a warrant. The scene should be released only when all personnel are satisfied that the scene was searched correctly and completely. Only the person in charge should release the scene.
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Bibliography Books
Atty. Artemio Jay G. Torredes, rCRIM. Fundamentals of Criminal Investigation. CCC Criminology Review, Marasbaras, Tacloban City.
DIDM Criminal Investigation Manual Revised 2010.
Module 1, Criminal Investigation Course. Introduction to Crminal Investigation.
Module 2, Criminal Investigation Course. First Responder, Investigator-On-Case and SOCO.
Revised 2013 PNP Police Operational Procedures.
SOCO Manual.
Terrorist Crime Scene Investigation Course Manual. Anti- Terrorism Assistance Program. US Department of State.
Internet
https://www.scribd.com/doc/79803758/Fundamentals-of-Criminal- Investigation
https://www.scribd.com/doc/170878326/Fundamentals-of- Criminal-Investigation-pdf
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